State v. Maillard

OPINION

HOFFMAN, Judge.

The State of Indiana appeals a trial court determination that “ ‘Pot 0 Silver’ machines owned by Plaintiff are not gambling devices as defined by Indiana Code § 35-45-5-1.” The facts relevant to review are recited below.

In April 1996, Maillard’s late wife, Jill, instituted proceedings for a declaratory judgment as to whether “quarter slide” or “quarter pusher” machines she owned constituted gambling devices pursuant to Indiana’s criminal code. Jill placed the machines in convenience stores within LaGrange County. Sometime prior to April, the Prosecuting Attorney for…